The Spokesman-Review reports that that case will focus on determining whether the state constitution trumps the actions of the Idaho Senate. In June, the Coeur d'Alene Tribe filed a petition with the state's highest court protesting Gov. C.L. "Butch" Otter's veto of the legislation. The tribe contends the governor didn't complete the veto within the constitutionally required five-day deadline.

The Idaho Senate failed to override the governor's decision. However, three statements entered into the Senate journal that day stated that the Senate failed to receive the governor's veto in time. Known as instant horse racing, the machines allow bettors to place wages on prior horse races with no identifiable information.